THE INFANT MILK SUBSTITUTES, FEEDING BOTTLES AND INFANT FOODS 
(REGULATION OF PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 1992 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Certain prohibitions in relation to infant milk substitutes, feeding bottles and infant foods. 
4.  Prohibition of incentives for the use or sale of infant milk substitutes or feeding bottles. 
5.  Donations of infant milk substitutes or feeding bottles or equipment of materials relating thereto. 
6.  Information on containers and labels of infant milk substitutes of infant foods. 
7.  Educational and other materials relating to feeding of infants to contain certain particulars. 
8.  Health care system. 
9.  Inducement to health worker for promoting use of infant milk substitutes, etc. 
10.  Special  provision  relating  to  employees  of  person  who  produces,  supplies,  distributes  or  sells 

infant milk substitutes, etc. 

11.  Standards of infant milk substitutes, feeding bottles or infant foods. 
12.  Powers of entry and search. 
13.  Power to seize infant milk substitutes, etc., or containers thereof. 
14.  Confiscation. 
15.  Power to give option to pay cost in lieu of confiscation. 
16.  Confiscation not to interfere with other punishments. 
17.  Adjudication. 
18.  Giving of opportunity to the owner of the seized infant milk substitute or feeding bottle or infant 

food or container thereof. 

19.  Appeal. 
20.  Penalty. 
21.  Cognizance of offences. 
22.  Offences by companies. 
23.  Offences to be cognizable and bailable. 
24.  Protection of action taken in good faith. 
25.  Application of Act 37 of 1954 not barred. 
26.  Power to make rules. 

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THE INFANT MILK SUBSTITUTES, FEEDING BOTTLES AND INFANT FOODS 
(REGULATION OF PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 1992 

ACT NO. 41 OF 1992 

[29th December, 1992.] 

An  Act  to  provide  for  the  regulation  of  production,  supply  and  distribution  of  infant  milk 
substitutes, feeding bottles and infant foods with a view to the protection and promotion of 
breast-feeding  and  ensuring  the  proper  use  of  infant  foods  and  for  matters  connected 
therewith or incidental thereto. 

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:— 

1. Short title, extent and commencement.—(1) This Act may be called the Infant Milk Substitutes, 

Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

2[(a)  “advertisement”  includes  any  notice,  circular,  label,  wrapper  or  any  other  document  or 
visible representation or announcement made by means of any light, sound, smoke or gas or by means 
of electronic transmission or by audio or visual transmission;] 

(b) “container” means a box, bottle, casket, tin, can, barrel, case, tube, receptacle, sack, wrapper 
or other thing in which any infant milk substitute, feeding bottle or infant food is placed or packed for 
sale or distribution; 

(c)  “feeding  bottle”  means  any  bottle  or receptacle  used  for  the  purpose  of  feeding  infant  milk 
substitutes,  and  includes  a  teat  and  a  valve  attached  or  capable  of  being  attached  to  such  bottle  or 
receptacle; 

(d)  “health  care  system”  means  an  institution  or  organisation  engaged,  either  directly  or 
indirectly,  in  health  care  for  mothers,  infants  or  pregnant  women,  and  includes  a  health  worker  in 
private practice, 3[a pharmacy, drug store and any association of health workers]; 

(e)  “health  worker”  means  a  person  engaged  in  health  care  for  mothers,  infants  or  pregnant 

women; 

(f)  “infant  food”  means  any  food  (by  whatever  name  called)  being  marketed  or  otherwise 
represented  as  a  complement  to  mother’s  milk  to  meet  the  growing  nutritional  needs  of  the  infant 
4[after the age of six months and up to the age of two years]; 

(g) “infant milk substitute” means any food being marketed or otherwise represented as a partial 

or total replacement for mother’s milk 5[for infant up to the age of two years]; 

(h) “label” means a display of written, marked, stamped, printed or graphic matter affixed to, or 

appearing upon, any container; 

(i) “prescribed” means prescribed by rules made under this Act; 
6[(j) “promotion” means to employ directly or indirectly any method of encouraging any person 

to purchase or use infant milk substitute, feeding bottle or infant food.] 

1.  1st  August  1993,  vide  notification  No.  G.S.R.  527(E),  dated  31st  July,  1993,  see  Gazette  of  India,  Extraordinary,  Part  I,       

sec. 3(i). 

2. Subs. by Act 38 of 2003, s. 2, for clause (a) (w.e.f. 1-11-2003). 
3. Subs. by s. 2, ibid., for “but does not include a pharmacy or drug store” (w.e.f. 1-11-2003). 
4. Subs. by s. 2, ibid., for “after the age of four months” (w.e.f. 1-11-2003). 
5. Subs. by s. 2, ibid., for “, whether or not it is suitable for such replacement” (w.e.f. 1-11-2003). 
6. Ins. by s. 2, ibid. (w.e.f. 1-11-2003). 

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(2) Any reference in this Act to any other enactment or any provision thereof, shall, in relation to an 
area  in  which  such  enactment  or  such  provision  is  not  in  force,  be  construed  as  a  reference  to  the 
corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 

3. Certain prohibitions in relation to infant milk substitutes, feeding bottles and infant foods.—

No person shall— 

(a)  advertise,  or  take  part  in  the  publication  of  any  advertisement,  for  the  distribution,  sale  or 

supply of infant milk substitutes 1[, feeding bottles or infant foods]; or 

(b) give an impression or create a belief in any manner that feeding of  2[infant milk substitutes 

and infant foods are] equivalent to, or better than, mother's milk; or 

3[(c) take part in the promotion of infant milk substitutes, feeding bottles or infant foods.] 

4. Prohibition of incentives for use or sale of infant milk substitutes or 4[feeding bottles or infant 

foods].—No person shall— 

(a) supply or distribute samples of infant milk substitutes or  4[feeding bottles or infant foods] or 

gifts of utensils or other articles; or 

(b) contact any pregnant woman or the mother of an infant; or 

(c) offer inducement of any other kind, 

for the purpose of promoting the use or sale of infant milk substitutes or 4[feeding bottles or infant foods]. 

5.  Donations  of  infant  milk  substitutes  or  feeding  or  equipment  or  materials  relating           

thereto.—Subject to the provisions of sub-section (4) of section 8, no person shall donate or distribute— 
(a) infant milk substitutes or  5[feeding bottles  or infant foods] to any other person except to an 

orphanage; 

(b) any informational or educational equipment or material relating to infant milk substitutes or 

5[feeding bottles or infant foods]: 

Provided  that  nothing  in  this  clause  shall  apply  to  the  donation  or  distribution,  subject  to  such 
conditions  and  restrictions  as  may  be  prescribed,  of  such  equipment  or  material  through  the  health 
care system. 

6. Information on containers and labels of infant milk substitutes or infant foods.—(1) Without 
prejudice to the provisions of the Prevention of Food Adulteration Act, 1954 (37 of 1954) and the rules 
made thereunder, no person shall produce, supply or distribute any infant milk substitute or infant food 
unless  every  container  thereof  or  any  label  affixed  thereto  indicates  in  a  clear,  conspicuous  and  in  an 
easily  readable  and  understandable  manner,  the  words  “important  notice”  in  capital  letters  in  such 
language as may be prescribed and indicating thereunder the following particulars in the same language, 
namely:— 

(a) a statement “mother’s milk is best for your baby” in capital letters; 

(b) a statement that infant milk substitute or infant food should be used only on the advice of a 

health worker as to the need for its use and the proper method of its use; 

(c) a warning that infant milk substitute or infant food is not the sole source of nourishment of an 

infant; 

(d) the instructions for its appropriate preparation and a warning against the health hazards of its 

inappropriate preparation; 

(e) the ingredients used; 

(f) the composition or analysis; 

1. Subs. by Act 38 of 2003, s. 3, for “or feeding bottles” (w.e.f. 1-11-2003). 
2. Subs. by s. 3, ibid., for “infant milk substitutes is” (w.e.f. 1-11-2003). 
3. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-11-2003). 
4. Subs. by s. 4, ibid., for “feeding bottles” (w.e.f. 1-11-2003). 
5. Subs. by s. 5, ibid., for “feeding bottles” (w.e.f. 1-11-2003). 

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(g) the storage conditions required; 

(h)  the  batch  number,  date  of  its  manufacture  and  the  date  before  which  it  is  to  be  consumed, 

taking into account the climatic and storage conditions of the country; 

(i) such other particulars as may be prescribed. 

(2)  No  container  or  label  referred  to  in  sub-section  (1)  relating  to  1[infant  milk  substitute  or  infant 

food] shall— 

(a) have pictures of an infant or a woman or both; or 

(b)  have  pictures  or  other  graphic  material  or  phrases  designed  to  increase  the  saleability  of 

1[infant milk substitute or infant food]; or 

(c) use on it the word “humanised” or “maternalised” or any other similar word; or 

(d) bear on it such other particulars as may be prescribed. 

7.  Educational  and  other  materials  relating  to  feeding  of  infants  to  contain  certain 
particulars.—(1)  2[Every educational or other material including advertisements or material relating to 
promotion of infant milk substitutes, feeding bottles and infant foods], whether audio or visual, dealing 
with pre-natal or post-natal care or with the feeding of an infant and intended to reach pregnant women or 
mothers of infants shall include clear information relating to— 

(a) the benefits and superiority of breast-feeding; 

(b) the preparation for, and the continuance of, breast-feeding; 

(c) the harmful effects on breast-feeding due to the partial adoption of bottle feeding; 

(d) the difficulties in reverting to breast-feeding of infants after a period of feeding by infant milk 

substitute; 

(e)  the  financial  and  social  implications  in  making  use  of  infant  milk  substitutes  and  feeding 

bottles; 

(f) the health hazards of improper use of infant milk substitutes and feeding bottles; 
3[(fa)  the  date  of  printing  and  publication  of  such  material  and  the  name  of  the  printer  and 

publisher;] 

(g) such other matters as may be prescribed. 

(2) No material referred to in sub-section (1) shall be utilised to promote the use or sale of infant milk 

substitutes or 4[feeding bottles or infant foods]. 

8. Health care system.—(1) No person shall use any health care system for the display of placards or 
posters  relating  to,  or  for  the  distribution  of,  materials  for  the  purpose  of  promoting  the  use  or  sale  of 
infant milk substitutes or feeding bottles or infant foods: 

Provided that the provisions of this sub-section shall not apply to— 

(a)  the  donation  or  distribution  of  informational  or  educational  equipment  or  material  made  in 

accordance with the proviso to clause (b) of section 5; and 

(b)  the  dissemination  of  information to  a  health  worker  about  the  scientific  and factual  matters 
relating  to  the  use  of  infant  milk  substitutes  or  feeding  bottles  or  infant  foods  along  with  the 
information specified in sub-section (1) of section 7. 

(2) No person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or 
infant foods shall make any payment to any person who works in the health care system for the purpose 
of promoting the use or sale of such substitutes or bottles or foods. 

(3) No person, other than a health worker, shall demonstrate feeding with infant milk substitutes or 
infant foods to a mother of an infant or to any member of her family and such health worker shall also 

1. Subs. by Act 38 of 2003, s. 6, for “infant milk substitute” (w.e.f. 1-11-2003). 
2. Subs. by s. 7, ibid., for “Every educational or other material” (w.e.f. 1-11-2003). 
3. Ins. by s. 7, ibid. (w.e.f. 1-11-2003). 
4. Subs. by s. 7, ibid., for “feeding bottles” (w.e.f. 1-11-2003). 

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clearly  explain  to  such  mother  or  such  other  member  the  hazards  of  improper  use  of  infant  milk 
substitutes or feeding bottles or infant foods. 

(4) No person, other than an institution or organisation, engaged in health care for mothers, infants or 
pregnant women, shall distribute infant milk substitutes or feeding bottles to a mother who cannot resort 
to breast-feeding and who cannot afford to purchase infant milk substitutes or feeding bottles. 

(5) An orphanage may purchase infant milk substitutes or feeding bottles at a price lower than their 

sale price for the purpose of utilising them in the said orphanage. 

Explanation.—For  the  purposes  of  this  sub-section,  such  purchases  shall  not  amount  to  an 

inducement for promoting the use or sale of infant milk substitutes or feeding bottles. 

9. Inducement to health worker for promoting use of infant milk substitutes, etc.—(1) No person 
who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall 
offer  or  give,  directly  or  indirectly,  any  financial  inducements  or  gifts  to  a  health  worker  or  to  any 
member of his family for the purpose of promoting the use of such substitutes or bottles or foods. 

1[(2)  No  producer,  supplier  or  distributor  referred  to  in  sub-section  (1),  shall  offer  or  give  any 
contribution  or  pecuniary  benefit  to  a  health  worker  or  any  association  of  health  workers,  including 
funding  of  seminar,  meeting,  conference,  educational  course,  contest,  fellowship,  research  work  or 
sponsorship.] 

10. Special provision relating to employees of person who produces, supplies distributes or sells 
infant  milk  substitutes,  etc.—(1)  No  person  who  produces,  supplies,  distributes  or  sells  infant  milk 
substitutes or feeding bottles or infant foods shall fix the remuneration of any of his employees or give 
any  commission  to  such  employees  on  the  basis  of  the  volume  of  sale  of  such substitutes  or bottles  or 
foods made by such employees. 

(2)  The  employees  of  such  person  shall  not  perform  any  function  which  relates  to  educating  a 

pregnant woman or mother of an infant on pre-natal or post-natal care of the infant. 

11. Standards of infant milk substitutes, feeding bottles or infant foods.—(1) No person shall sell 
or  otherwise  distribute  any  infant  milk  substitute  or  infant  food  unless  it  conforms  to  the  standards, 
specified for such substitute or food under the Prevention of Food Adulteration Act, 1954 (37 of 1954), 
and the rules made thereunder and the container thereof has the relevant Standard Mark specified by the 
Bureau  of  Indian  Standards  established  under  section  3  of  the  Bureau  of  Indian  Standards  Act,  1986            
(63 of 1986) to indicate that the infant milk substitute or infant food conforms to such standards: 

Provided  that  where  no  standards  have  been  specified  for  any  infant  milk  substitute  or  infant  food 
under  the  Prevention  of  Food  Adulteration  Act,  1954  (37  of  1954),  no  person  shall  sell  or  otherwise 
distribute  such  substitute  or  food  unless  he  has  obtained  the  approval  of  the  Central  Government  in 
relation to such substitute or food and the label affixed to the container thereof under the rules made under 
that Act. 

(2) No person shall sell or otherwise distribute any feeding bottle unless it conforms to the Standard 
Mark specified by the Bureau of Indian Standards referred to in sub-section (1) for feeding bottles and 
such mark is affixed on its container. 

12.  Powers  of  entry  and  search.—(1)  Any  food  inspector  appointed  under  section  9  of  the 
Prevention of Food Adulteration Act, 1954 (37 of 1954) (hereinafter referred to as the food inspector) or 
any  officer  not  below  the  rank  of  a  Class  I  officer  authorised  in  this  behalf  by  the  State  Government 
(hereinafter referred to as the authorised officer) may, if he has any reason to believe that any provision of 
section  6  or  section  11  has  been  or  is  being  contravened,  enter  and  search  at  any  reasonable  time  any 
factory,  building,  business  premises  or  any  other  place  where  any  trade  or  commerce  in  infant  milk 
substitutes  or  feeding  bottles  or  infant  foods  is  carried  on  or  such  substitutes  or  bottles  or  foods  are 
produced, supplied or distributed. 

(2)  The  provisions  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  relating  to  searches  and 

seizures shall, so far as may be, apply to every search or seizure made under this Act. 

13. Power to seize infant milk substitutes, etc., or containers thereof.—(1) If any food inspector or 
authorised officer has reason to believe that in respect of any infant milk substitute or feeding bottle or 

1. Subs. by Act 38 of 2003, s. 8, for sub-section (2) (w.e.f. 1-11-2003). 

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infant food or container thereof, the provisions of this Act have been or are being contravened, he may 
seize such substitute or bottle or food or container. 

(2)  No  such  substitute  or  food  or  bottle  or  container  shall  be  retained  by  any  food  inspector  or 
authorised officer for a period exceeding ninety days from the date of its seizure unless the approval of 
the  District  Judge,  within  the  local  limits  of  whose  jurisdiction  such  seizure  has  been  made,  has  been 
obtained for such retention. 

14. Confiscation.—Any infant milk substitute or feeding bottle or infant food or container thereof, in 
respect  of  which  any  provision  of  this  Act  has  been  or  is  being  contravened,  shall  be  liable  to 
confiscation: 

Provided that where it is established to the satisfaction of the court adjudging the confiscation that the 
person in whose possession, power or control any such substitute or bottle or food or container is found is 
not responsible for the contravention of the provisions of this Act, the court  may, instead of making an 
order  for  the  confiscation  of  such  substitute  or  bottle  or  food  or  container,  make  such  other  order 
authorised by this Act against the person guilty of the breach of the provisions of this Act as it may think 
fit. 

15.  Power  to  give  option  to  pay  cost  in  lieu  of  confiscation.—(1)  Whenever  any  confiscation  is 
authorised by this Act, the court adjudging it may, subject to such conditions as may be specified in the 
order adjudging the confiscation, give to the owner thereof an option to pay in lieu of confiscation such 
cost  not  exceeding  the  value  of  the  infant  milk  substitute  or  feeding  bottle  or  infant  food  or  container 
thereof in respect of which the confiscation is authorised as the court thinks fit. 

(2) On payment of the cost ordered by the court the seized infant milk substitute or feeding bottle or 
infant food or container shall  be returned  to  the  person  from  whom  it  was seized  on the condition that 
such person shall, before making any distribution, sale or supply of such substitute or bottle or food or 
container, give effect to the provisions of this Act. 

16. Confiscation not to interfere with other punishments.—No confiscation made or cost ordered 
to  be  paid  under  this  Act  shall  prevent  the  infliction  of  any  punishment  to  which  the  person  affected 
thereby is liable under the provisions of this Act or under any other law. 

17. Adjudication.—Any confiscation may be adjudged or costs may be ordered to be paid,— 

(a) without any limit, by the principal civil court of original jurisdiction within the local limits of 
whose jurisdiction such confiscation has been made or costs have been ordered to be paid, as the case 
may be; 

(b) subject to such limits as may be specified by the Central Government in this behalf, by such 
other court, not below a civil court having pecuniary jurisdiction exceeding five thousand rupees, as 
the Central Government may, by notification in the Official Gazette, authorise in this behalf. 

18. Giving of opportunity to the owner of the seized infant milk substitute or feeding bottle or 
infant food or container thereof.—(1) No order adjudicating confiscation or directing payment of costs 
shall be made unless the owner of the infant milk substitute or feeding bottle or infant food or container 
thereof  has  been  given  a  notice  in  writing  informing  him  of  the  grounds  on  which  it  is  proposed  to 
confiscate  such  substitute  or  bottle  or  food  or  container  and  giving  him  a  reasonable  opportunity  of 
making a representation in writing, within such reasonable time as may be specified in the notice, against 
the confiscation and if he so desires, of being heard in the matter: 

Provided that where no such notice is given within a period of ninety days from the date of the seizure 
of the infant milk substitute or feeding bottle or infant food or container thereof, such substitute or bottle 
or food or container shall be returned after the expiry of that period to the person from whose possession 
it was seized. 

(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil Procedure, 1908 

(5 of 1908), shall, so far as may be, apply to every proceeding referred to in sub-section (1). 

19. Appeal.—(1) Any person aggrieved by any decision of the court adjudicating a confiscation or 
ordering the payment of costs may prefer an appeal to the court to which an appeal lies from the decision 
of such court. 

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(2) The appellate court may, after giving the appellant an opportunity of being heard, pass such order 
as it thinks fit confirming, modifying or revising the decision or order appealed against or may send back 
the case with such directions as it may think fit for a fresh decision or adjudication, as the case may be, 
after taking additional evidence if necessary: 

Provided that an order enhancing any fine in lieu of confiscation or for confiscating goods of greater 
value  shall  not  be  made  under  this  section  unless  the  appellant  has  had  an  opportunity  of  making  a 
representation and if he so desires of being heard in his defence. 

(3) No further appeal shall lie against the order of the court made under sub-section (2). 

20.  Penalty.—(1)  Any  person  who  contravenes  the  provisions  of  section  3,  4,  5,  7,  8,  9,  10  or         

sub-section (2) of  1[section 11 and the rules made under section 26 of the Act] shall be punishable with 
imprisonment for a term which may extend to three years, or with fine which may extend to five thousand 
rupees, or with both. 

(2) Any person who contravenes the provisions of section 6 or sub-section (1) of 1[section 11 and the 
rules made under section 26 of the Act] shall be punishable with imprisonment for a term which shall not 
be less than six months but which may extend to three years and with fine which shall not be less than 
two thousand rupees: 

Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, 
impose a sentence of imprisonment for a term which shall not be less than three months but which may 
extend to two years and with fine which shall not be less than one thousand rupees. 

21. Cognizance of offences.—(1) Save as otherwise provided in section 173 of the Code of Criminal 
Procedure,  1973  (2  of  1974),  no  court  shall  take  cognizance  of  any  offence  punishable  under  this  Act 
except upon a complaint in writing made by— 

(a)  a  person  authorised  in  this  behalf  under  sub-section  (1)  of  section  20  of  the  Prevention  of 

Food Adulteration Act, 1954 (37 of 1954); or 

(b)  an  officer  not  below  the  rank  of  a  Class  I  officer  authorised  in  this  behalf,  by  general  or 

special order, by the Government; or 

(c)  a  representative  of  such  voluntary  organisation  engaged  in  the  field  of  child  welfare  and 
development  and  child  nutrition  as  the  Government  may,  by  notification  in  the  Official  Gazette, 
authorise in this behalf. 

(2)  Where  a  complaint  has  been  made  by  a  representative  of  the  voluntary  organisation  authorised 
under clause (c) of sub-section (1) and the court has issued a summons or, as the case may be, a warrant 
under sub-section (1) of section 204 of the Code of Criminal Procedure, 1973 (2 of 1974), the Assistant 
Public Prosecutor for that court shall take charge of the case and conduct the prosecution. 

22.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary  or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a)  “company”  means  any  body  corporate  and  includes  a  firm  of  other  association  of               

individuals; and 

1. Subs. by Act 38 of 2003, s. 9, for “section 11” (w.e.f. 1-11-2003). 

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(b) “director”, in relation to a firm, means a partner in the firm. 

23.  Offences  to  be  cognizable  and  bailable.—Notwithstanding  anything  contained  in  the  Code  of 

Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be— 

(a) bailable; 

(b) cognizable. 

24. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie  against the  Central  Government  or  any  State  Government  or  any  officer  of  the  Central  Government 
1[or a representative of such voluntary organisation which is notified under clause (c) of sub-section (1) of 
section 21] for anything which is in good faith done or intended to be done under this Act. 

25.  Application  of  Act  37  of  1954  not  barred.—The  provisions  of  this  Act,  or  the  rules  made 
thereunder  shall  be  in  addition  to,  and  not  in  derogation  of,  the  Prevention  of  Food  Adulteration  Act, 
1954, or the rules made thereunder. 

26. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the conditions and restrictions subject to which educational equipment and other material may 

be donated or distributed under the proviso to clause (b) of section 5; 

(b) the language in which the notice and other particulars shall be indicated under sub-section (1) 

of section 6; 

(c) the particulars which are to be indicated under clause (i) of sub-section (1) of section 6; 

(d) the particulars which a container or label shall not bear under clause (d) of sub-section (2) of 

section 6; 

(e)  the  matters  to  be included in the information  which  reaches pregnant  women  or  mothers  of 

infants under clause (g) of sub-section (1) of section 7; 

(f) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

1. Subs. by Act 38 of 2003, s. 10, for “or of any State Government” (w.e.f. 1-11-2003). 

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